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Madras High CourtCMP/1767/2025ordered

National Insurance Company Limited v. Chitra

2025-08-04Honourable Mrs.Justice T.V.Thamilselvi2 pages

C.M.P. No. 1767 of 2025 in C.M.A.SR.No.4764 of 2025 C.M.P. No. 1767 of 2025 in C.M.A.SR.No.4764 of 2025 T.V. THAMILSELVI, J.

This Civil Miscellaneous Petition has been filed seeking to condone the delay of 265 days in filing the above Civil Miscellaneous Appeal against the award dated 30.08.2023 passed in M.C.O.P.No. 69 of 2021, on the file of Motor Accident Claims Tribunal, Addl. District Judge, Ariyalur.

2. Mr.S.Arunkumar, learned counsel for appellant submitted that after getting sanction from the competent authorities, the appeal papers forwarded by the Regional Office at Madurai to the counsel on record and thereafter the appeal was filed on 10.09.2024, as a result of which, there is a delay of 265 days in filing the above Civil Miscellaneous Appeal arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Civil Miscellaneous Appeal.

3. Mr.P.Parthi Kannan, learned counsel for respondents 1 to 5 and Mr.S.P. Chockalingam, learned counsel for 7th respondent appeared and raised objections stating that no sufficient cause assigned for the delay.

4. Considering the facts and circumstances, and the reasons stated by the petitioner in the affidavit is justifiable one, this court is inclined to allow this petition. Registry is directed to number the Civil Miscellaneous Appeal if it is otherwise found to be in order and to print the name of Mr.P.Parthi Kannan, learned counsel for respondents 1 to 5 and Mr.S.P.Chockalingam, learned counsel for 7th respondent in the cause list. 04.08.2025 rpp https://www.mhc.tn.gov.in/judis

C.M.P. No. 1767 of 2025 in C.M.A.SR.No.4764 of 2025 T.V.THAMILSELVI, J.

rpp C.M.P.No. 1767 of 2025 in C.M.A.SR. No. 4764 of 2025 04.08.2025 https://www.mhc.tn.gov.in/judis